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DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

The United States has always worked towards the welfare of the people. 

For some qualifying noncitizens who entered the country as children, the Department has released a final rule that will uphold and strengthen the Deferred Action for Childhood Arrivals (DACA) policy, delaying their deportation and giving them the chance to get a renewable, two-year work permit.

A form of temporary protection from deportation is deferred action. Deferred action recipients are granted permission by the government to remain in the country for a specific time. In addition, a person may receive a work permit that is good for the duration of their deferred action.

Deferred action refers to the application of prosecutorial discretion to postpone removal proceedings against a person for a predetermined time. There is no legal status provided by deferred action.

Across the nation, DACA beneficiaries serve as teachers attempting to give back to younger generations, as members of our armed forces protecting our nation, as doctors and nurses ensuring the health and safety of Americans, as well as neighbors, friends, and family.

According to the announcement made by the secretary of homeland security, certain individuals who met specific requirements as minors and who immigrated to the country legally may submit a request for consideration of deferred action for a two-year term that is subject to renewal. 

Additionally, they are qualified for a work permit.

The eligibility requirements include:

  • Are under 31 years of age as of June 15, 2012;
  • Came to the U.S. while under the age of 16;
  • Have continuously resided in the U.S. from June 15, 2007 to the present. (For purposes of calculating this five-year period, brief absences from the United States for humanitarian reasons will not be included);
  • Entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012;
  • Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
  • Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
  • Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors of any kind; and
  • Do not pose a threat to national security or public safety.

We help guide clients through the immigration process.  Call us today for an appointment with our immigration attorneys.